Philippines: Adopted National Privacy Commission Advisory Guidelines on Deceptive Design Patterns (No. 2023-01)

On 7 November 2023, the National Privacy Commission adopted the Advisory Guidelines on Deceptive Design Patterns. The circular is addressed to data handlers processing personal data based on consent obtained from the data subject. The guidelines specify the techniques that would be classified as “deceptive design patterns” and would make the consent obtained invalid, as it would not be freely given, specific and informed. Furthermore, the guidelines outline the transparency, fairness and accountability principles controllers have to follow in the design of their digital interfaces.